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(영문) 서울중앙지방법원 2014.06.27 2014고단2843
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 10, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny and two years of suspended sentence, and on April 12, 2013, the Seoul Central District Court sentenced four months of imprisonment with prison labor for attempted larceny at the Seoul Central District Court on April 15, 2013, which became final and conclusive on April 15, 2013, and the said suspended sentence becomes void, and the execution of the said suspended sentence was terminated in the Seoul Central District Court on March 18, 2014.

1. On April 8, 2014, around 21:30, the Defendant: (a) loaded a cargo vehicle parked on the street in front of Gwanak-gu, Seoul Special Metropolitan City; (b) removed one of the victim’s ownership, who was unable to know his/her name; (c) loaded one of the victim’s U.S. dynamics onto Lak and stolen it.

2. On the 28th day of the same month, around 22:00, the Defendant intruded into the house of the victim E in Gwanak-gu, Seoul Special Metropolitan City, through the front door, and stolen one bicycle with the market value equivalent to one million won, the victim owned by the stairs of the first floor.

3. At around 21:00 on the 30th day of the same month, the Defendant: (a) committed a theft by carrying one bicycle equivalent to 1.50,000 won, which is the victim H, who was set up at the street in front of the G telephone station located in Gwanak-gu, Seoul Special Metropolitan City.

Accordingly, the defendant stolen the victims' property three times.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement related H;

1. E statements;

1. Each photograph;

1. Seizure records;

1. Investigative report (investigative investigation to confirm the victim before the date set for in subparagraph 3 above), investigation report (investigative investigation to confirm the victim before the date set for in subparagraph 3 above), investigation report (investigative investigation to confirm the victim) and investigation report;

1. Previous records of judgment: Application of criminal records and investigation reports (in addition to criminal records, repeated crimes of suspects, written judgments, etc.);

1. Relevant Article 329 of the Criminal Act and Article 330 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The sentencing criteria shall be based on;

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